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1.
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Approval of minutes of July 25, 2006.
Speakers: Peter Warfield expressed that the minutes under item 13 were "very bad" and needed to be fixed. He asked the Task Force to consider reflecting what he actually said, and that of Kimo Crossman, and that a sentence that he provided about what the City Attorney said, be included.
Allen Grossman stated that after hearing the comment made by Mr. Pilpel regarding the tapes and minutes being adequate that he wondered, "if we were at the same meeting."
Chair Comstock asked Mr. Warfield to provide his comments to the Administrator in writing.
Postponed to the next meeting without objection.
Chair Comstock asked the Administrator to make whatever changes to the minutes deemed necessary.
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2.
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Report from Complaint Committee meeting of August 8, 2006.
Member Cauthen introduced a new Committee procedure to help provide some guidance to the Task Force in the drafting of Orders of Determinations.
Member Cauthen made the report regarding the Gonzalez complaint.
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06007
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Recommendation to accept jurisdiction of complaint filed by Javier Gonzalez against the City Attorney's Office for alleged failure to produce documents relating to an investigative report.
Speakers: Paul Zarefsky, Deputy City Attorney, City Attorney's Office
Peter Warfied said that the memo by Member Cauthen helps clarify the issues and identify the legal citation relevant to the complaint. Suggested additions to the letter with regards to File #06011_Rimbey v. OES/MOC.
Motion to accept jurisdiction. ( Cauthen / Goldman )
Ayes: Craven, Knee, Cauthen, Vongs, Chu, Comstock, Pilpel, Chan, Goldman, Williams
Excused Absent: Wolfe
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06011
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Recommendation to accept jurisdiction of complaint filed by Beth Rimbey against the Office of Emergency Services and the Mayors Office of Communications for alleged failure to produce documents, incomplete production of documents, unnecessary redactions, and untimely response.
Continued by agreement of both parties prior to the meeting.
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3.
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06007
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Public Hearing, complaint filed by Javier Gonzalez against the City Attorney's Office for alleged failure to produce documents relating to an investigative report.
Speakers: Paul Zarefsky, Deputy City Attorney, City Attorney's Office, asked the Task Force to dismiss the complaint for lack of prosecution.
Allen Grossman said that if the City Attorney is not functioning as a lawyer then the document is not privileged.
Lurilla Harris stated that the Task Force was listening to "waffle and squirm."
Peter Warfield stated that it was not clear who the complaint is against, however there is no written justification for withholding to Mr. Gonzalez, pursuant to sections 67.26 and 67.27.
The Task Force, by consensus, agreed to hear the merits of the complaint in the absence of the Complainant after discussing the matter, and hearing public testimony.
Deputy City Attorney Paul Zarefsky informed the Task Force that except for Mr. Gonzalez's complaint the documents in their files are privileged, and that the Sheriff holds the privilege.
Motion finding no violation ( Goldman / Pilpel )
Ayes: Craven, Knee, Cauthen, Vongs, Chu, Comstock, Pilpel, Chan, Goldman, Williams
Excused Absent: Wolfe
The Task Force also noted the following:
- Evaluation of claims may necessarily involve creating or sharing documents subject to the attorney-client privilege;
- The City Attorney is encouraged to explain further to a requestor who holds the privilege when records are withheld based on the attorney-client privilege;
- The Complainant, Mr. Gonzalez, may wish to seek legal advice to explain further the situation at issue;
- The Sheriff's Department may have non-privileged responsive documents in this matter; the Complainant, Mr. Gonzalez is reminded that he may request such documents directly from the Sheriff; and
- The complainant, Mr. Gonzalez may seek a rehearing before the Sunshine Ordinance Task Force; a copy of the Task Force's Complaint Procedures are attached to this Order.
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4.
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06011
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Public Hearing, complaint filed by Beth Rimbey against the Office of Emergency Services and the Mayors Office of Communications for alleged failure to produce documents, incomplete production of documents, unnecessary redactions, and untimely response.
Continued by agreement of both parties prior to the meeting.
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5.
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Report from the Chair
- Ethics Commission Draft Statement of Incompatible Activities
- City College and Sunshine.
Chair Comstock reported that he wrote a letter to the Ethics Commission recommending changes to their SIA, most of which were accepted and added to the template.
Chair Comstock reported that he is confident that City College Board members in favor of a Sunshine Policy are now in a majority, and will adopt a Sunshine policy similar to the policy adopted by the Redevelopment Agency. He encouraged Member Pilpel to hold a meeting of the City College Ad Hoc Committee, and to help draft a Sunshine policy for City College that mirrors the one used by the Redevelopment Agency.
Member Pilpel reported that the San Francisco Unified School District meetings are now being televised, however it is not a live broadcast.
Member Chan expressed his interest in serving on the City College Ad Hoc Committee
Speakers: None
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6.
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Continued report re: Draft Sunshine Ordinance Task Force 2005 Annual Report
Member Pilpel made the report, indicating that the report will be presented for adoption at the next meeting.
Speakers: Peter Warfield suggested that a status report be included in the Annual Report for complaints that have been forwarded to other bodies for further action. He would also like to know what follow-up steps have been taken.
Member Craven encouraged the resurrection of a log believed to be developed by the prior Administrator that tracked the status of Order's of Determinations that were referred for further action to other agencies.
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7.
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Report from the Compliance and Amendments Committee: meeting of August 14, 2006.
Member Knee made the report.
Member Knee to write a letter to the Clerk of the Board, on behalf of the Compliance and Amendments Committee, requesting that a video projector and screen be provided for Committee meetings.
Speakers: Peter Warfield stated that a plan is needed for version control of the amendments that identifies when changes were made and who recommended them. He suggested that those experienced in Sunshine be invited to "just talk" without setting time limits.
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8.
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Report from Education, Outreach and Training Committee.
Member Pilpel made the report.
Member Pilpel encouraged the Chair to write a letter regarding the Annual Sunshine Training video requesting that it be made available in alternative formats to facilitate trainees who may lack the required hardware and internet connections.
Speakers: None
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9.
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Administrator's Report.
The Administrator made the report.
Speakers: Peter Warfield agrees with Member Cravens suggestion that the Administration provide a monthly follow-up on complaints that have been forwarded by the Task Force to other bodies for further action. Expressed concern about Member Pilpel's statement that complaints can take up a lot of time. Urged that a letter be sent to the Clerk of the Board regarding need for a full time staff and a complaint filed should the letter "not work."
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10.
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Public comment for items not listed on the agenda. Public comment to be held at 5:00 p.m., or as soon thereafter as possible.
Speakers: Peter Warfield alleged that Deputy City Attorney Llorente's presence and behavior is a handicap, is hostile to Sunshine, has been involved in violations, and has possible conflict of interest regarding library matters.
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11.
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Announcements, questions, and future agenda items from the Task Force.
Speakers: None
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Adjournment
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The meeting was adjourned at 6:34 p.m.
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